https://www.taxtmi.com/caselaws?id=362022 The Appellate Tribunal analyzed the rejection of the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 based on the ground of limitation. The Tribunal referred to the Limitation Act, 1963, noting that proceedings instituted on a time-barred claim should be dismissed even if limitation is not set up as a defense. The Tribunal highlighted the applicability of the Limitation Act to the Code in the absence of specific limitation prescribed under any enactment. The Respondent's absence was noted, and the Tribunal decided to dismiss the Company Petition with liberty for the petitioner to proceed within limitation by invoking section 14 of the Limitation Act, 1963. The appeal was allowed, setting aside the impugned order and remitting the case to the Adjudicating Authority for reconsideration, with specific directions for further proceedings, without imposing any costs. en-us Tue, 27 Mar 2018 00:00:00 +0530 Tue, 19 Jun 2018 09:24:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=362022 The Appellate Tribunal analyzed the rejection of the application under Section 9 of the Insolvency and Bankruptcy Code, 2016 based on the ground of limitation. The Tribunal referred to the Limitation Act, 1963, noting that proceedings instituted on a time-barred claim should be dismissed even if limitation is not set up as a defense. The Tribunal highlighted the applicability of the Limitation Act to the Code in the absence of specific limitation prescribed under any enactment. The Respondent's absence was noted, and the Tribunal decided to dismiss the Company Petition with liberty for the petitioner to proceed within limitation by invoking section 14 of the Limitation Act, 1963. The appeal was allowed, setting aside the impugned order and remitting the case to the Adjudicating Authority for reconsideration, with specific directions for further proceedings, without imposing any costs. Case-Laws Insolvency and Bankruptcy Tue, 27 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=362022